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View Full Version : Visitor Visa extension denied--how long to stay



ckp
03-29-2007, 01:33 AM
My mother's visa extension denial letter came in the mail today. Her scheduled departure is for 2 weeks from now. Should she change her itinerary to leave immediately or can she leave as scheduled in 2 weeks? She is out of status due to the denial, but it is very hard for her to leave immediately due to ticket changes to be made, and her age etc.

Does anybody know how long one has to depart US after a denial to extension, and not be denied entry during her next visit? Also she has a 10 year visa expiring in 2011. Will that be void if she leaves in 2 weeks?

I appreciate any response..

Thanks so much.
Worried in Arizona.

CKP

buddha
03-29-2007, 05:08 AM
There is no duration allowed by law as must be evident from the denial letter you received which asks her to leave IMMEDIATELY.

I vehemently advise you do not wait another 2 weeks, send her by business class if you have to, but send her back in the earliest flight available in the next 1-2 days.

Technically, 222g(visa void due to overstay) begins to apply the moment you receive a denial letter if your I-94 date is past.But if the officer at reentry is satisfied that you left soon after receiving the denial letter, he will not apply
222g and will let you in. SO, when she enters next on the same visa, she must carry proof of date of departure(airline boarding pass) and also show denial letter.

Waiting 2 weeks will be putting her visa in a big risk.